Shyam Mahaseth v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.472 of 2018 Arising Out of PS.Case No. -398 Year- 2017 Thana -LAHERIASARAI District- DARBHANGA ======================================================
1. Shyam Mahaseth, son of Late Ram Babu Mahaseth, resident of Machharhatta Tola, Near State Bank, Pandaul Bazaar, P.S.- Pandaul, District- Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Singh For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Laheriasarai P.S. Case No. 398 of 2017 instituted for the offences punishable under Sections 25(1)(B)(A)/35 of the Arms Act and Section 37(C) of the Bihar Excise Prohibition Act 2016. The allegation is that the petitioner having been apprehended in a drunken condition and one country made pistol was recovered from the petitioner herein.
The learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the petitioner is languishing in custody since 25.09.2017.
Patna High Court Cr.Misc. No.472 of 2018 (2) dt.18-01-2018 2/2 Considering the nature of accusation as also factum of recovery of one country made pistol, I deem it fit and appropriate to enlarge the petitioner on regular bail immediately upon condition of six months in custody, subject to the terms and conditions, which may be imposed by the court below on furnishing bail bond of Rs. 10,000/-(Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge IV-cum-Special Judge, Darbhanga in connection with Laheriasarai P.S. Case No. 398 of 2017.
Accordingly, this petition is disposed off.
(Mohit Kumar Shah, J) ajay gupta/- U T